Somanath Nath v. Union of India and 4 Others

JUDGMENT AND ORDER (ORAL)

¶1Heard Ms. R. Dutta, learned counsel for the petitioner as well as Dr. N. Mozika, learned DSGI assisted by Ms. R. Fancon, learned counsel for the respondent/Union of India.

¶2The facts of this case as have been submitted by the learned counsel for the petitioner is that the petitioner is an employee working in the North East Centre for Technology Application and Reach (NECTAR) under the department of Science and Technology, Government of India. He is presently working as Senior Analyst.

¶3It is the also the submission of the learned counsel that the petitioner is due for promotion to the next post as Senior Geomatics Officer, for which the concerned department may be directed to constitute a Departmental Promotion Committee (DPC).

¶4The learned DSGI has submitted that, though, there is no difficulty with the department to constitute the said DPC following due process of law, however, there is a dispute as to the mode and manner of the initial appointment of the petitioner which may be considered by the Court before passing a final order.

¶5This Court has considered the submission made by the parties, and is made to understand that as far as the main prayer of the petitioner is concerned, that is, for the DPC to be constituted and for his promotion to be considered, the department concerned has no objection to such process being conducted. However, as to the contention raised with regard to the dispute in the initial appointment of the petitioner, this Court would not go into that

aspect of the matter at this point of time.

¶6Accordingly, in view of the above, the department concerned is to constitute the DPC within 4(four) weeks from the date of passing of this order, to consider the case of the petitioner in accordance with law.

¶7Petition disposed of. No costs.

Judge

Date: 2026.03.02 18:30:18 IST

Serial No. 08 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 305 of 2023 Date of Decision: 02.03.2026 Shri. Somanath Nath S/o Shri. Srinibas Nath R/o Hn-3531/31, Vishnu Garden, Rajendra Park, Gurgaon, Haryana-122006. …….. Petitioner - Vs- 1. Union of India, Represented by its Secretary, Department of Science & Technology, 2nd floor Vishwakarma Bhawan, Shaheed Jeet Singh Marg, New Delhi-110016. 2. North-East Centre for Technology Application and Reach (NECTAR), Autonomous Society under the Department of Science and Technology, Government of India, Headquarter at Survey of India Campus, Bonnie Brae Estate, Barik Point, Shillong-793001, Meghalaya. 3. The Director General, North East Centre for Technology Application and Reach (NECTAR), Autonomous Society under the Department of Science and Technology, Government of India, Headquarter at Survey of India Campus, Bonnie Brae Estate, Barik Point, Shillong-793001, Meghalaya. 4. The Secretary, Department of Expenditure, Ministry of Finance, Government of India, New Delhi. 5. The Secretary, Department of Personnel & Training Establishment, Ministry of Personnel, Public Grievances and Pensions, Government of India, North Block, New Delhi. ……… Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Ms. R. Dutta, Adv. Mr. B. Snaitang, Adv. Mr. S. Khyriem, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. R. Fancon, Adv. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: